Loophole allows banned driver behind the wheel

A motorist banned from driving for two years for drink-driving has been behind the wheel throughout his ban due to a loophole.

Solicitor for Martin Holmes, of Sandy Row in Castlefinn,Co Donegal, argued that a ban in the North could not be extended to the Republic because of the way the Road Safety Authority (RSA) made the application.

Holmes was banned for two years on March 26, 2013, after pleading guilty at Omagh Magistrates Court to drinking and driving.

However, he launched a bid at the District Court in Letterkenny to prevent the ban being imposed in the South. The District Court ruled against him last year, but he appealed it to the Circuit Court and won his case on a technicality.

Solicitor Frank Dorrian had argued the RSA, which implements cross-border bans, had acted outside the law because they had issued a court summons. He said the Courts No 3 Act (1986) was introduced to enable court clerks to issue a summons only in respect of a criminal offence alleged in this State. “The court clerk in this case was exercising jurisdiction which cannot apply to this situation,” said Mr Dorrian.

RSA solicitor Jacqueline Maloney argued the application to apply the ban in the Republic is a process, and not criminal proceedings. She said the summons had to be issued to notify Holmes.

But Judge John O’Hagan said the RSA was using the wrong method to try to apply the ban and agreed a summons could not be used.